CVB-22-07-00002-P Reimbursement of Crime-Related Counseling Expenses

5/30/07 N.Y. St. Reg. CVB-22-07-00002-P

NEW YORK STATE REGISTER

VOLUME XXIX, ISSUE 22

May 30, 2007

RULE MAKING ACTIVITIES

CRIME VICTIMS BOARD

PROPOSED RULE MAKING

NO HEARING(S) SCHEDULED

 

I.D No. CVB-22-07-00002-P

Reimbursement of Crime-Related Counseling Expenses

PURSUANT TO THE PROVISIONS OF THE State Administrative Procedure Act, NOTICE is hereby given of the following proposed rule:

Proposed action:

Amendment of section 525.12(g)(2) of Title 9 NYCRR.

Statutory authority:

Executive Law, sections 626 and 631

Subject:

Reimbursement of crime-related counseling expenses which are filed more than one year after counseling has begun.

Purpose:

To specifically outline the process by which the board may approve counseling expenses filed more than one year after the counseling has begun in order for claimants or potential claimants to be aware of what services the board would consider reimbursable under its statutory authority.

Text of proposed rule:

A new subpart (v) is added to subsection 2 of subdivision g of section 525.12 to read as follows:

(v) The board may require proof from claimants for all claims of crime-related counseling expenses which are filed more than one year after counseling has begun. The claimants shall offer evidence to the board that the counseling is causally connected to the crime and the board may request an independent medical examination of any claimant before authorizing reimbursement for reasonable expenses of counseling services.

Text of proposed rule and any required statements and analyses may be obtained from:

John Watson, General Counsel, Crime Victims Board, One Columbia Circle, Suite 200, Albany, NY 12203, [phone], e-mail: [e-mail]

Data, views or arguments may be submitted to:

Same as above.

Public comment will be received until:

45 days after publication of this notice.

Regulatory Impact Statement

1. Statutory authority: The New York State Executive Law, section 623 creates the Crime Victims Board (the Board) and grants the Board the authority to adopt, promulgate, amend and rescind suitable rules and regulations to carry out the provisions and purposes of Article 22 of the Executive Law. New York State Executive Law, sections 626 and 631 provide that the Board may make awards to for out-of-pocket losses which include unreimbursed and unreimbursable expenses or indebtedness reasonably incurred for medical care, including counseling, or other services necessary as a result of the injury upon which the claim is based, including such expenses incurred as a result of the exacerbation of a pre-existing disability or condition directly resulting from the crime or causally related to the crime.

2. Legislative objectives: By enacting the New York State Executive Law, sections 626 and 631, the Legislature sought to ensure that the Board could reimburse out-of-pocket losses for medical care necessary as a result of the injury upon which a claim is based.

3. Needs and benefits: Currently, in New York State Executive Law, article 22, and 9 NYCRR 525, the process by which the Board approves counseling expenses filed more than one year after the counseling has begun is not explicitly defined. Prior to March of 2005, the Board had consistently limited counseling expenses resulting from a crime only for bills commencing one year prior to the date the claim was filed. After March of 2005, the Board expanded such reimbursements beyond that one year limitation. It was determined, however, that in these instances it was necessary to carefully scrutinize these claims closely for causal relationship, employing an independent medical examination (IME) if deemed necessary by the Board. These proposed regulations would specifically outline the process by which the Board may approve counseling expenses filed more than one year after the counseling has begun in order for claimants or potential claimants to be aware of what services the Board would consider reimbursable under its statutory authority.

4. Costs: a. Costs to regulated parties. For the most part, these proposed regulations would be codifying the Board's current interpretation of its statutory authority, therefore it is not expected that the proposed regulations would impose any additional costs to the agency or State.

b. Costs to local governments. These proposed regulations do not apply to local governments and would not impose any additional costs on local governments.

c. Costs to private regulated parties. The proposed regulations do not apply to private regulated parties and would not impose any additional costs on private regulated parties.

5. Local government mandates: These proposed regulations do not impose any program, service duty or responsibility upon any local government.

6. Paperwork: These proposed regulations do not require any additional paperwork requirements.

7. Duplication: These proposed regulations do not duplicate any other existing state or federal requirements.

8. Alternatives: Although the current Board has consistently applied its interpretation of Executive Law, sections 626 and 631, not implementing these proposed regulatory changes could result in inconsistent claimant award decisions in the future.

9. Federal standards: Permissible under 42 USC 10602(b)(1)(A).

10. Compliance schedule: The regulations will be effective on the date they are adopted.

Regulatory Flexibility Analysis

The New York State Crime Victims Board (the Board) projects there will be no adverse economic impact or reporting, recordkeeping or other compliance requirements on small businesses or local governments in the State of New York as a result of these proposed rule changes. These proposed rules changes simply outline the process by which the Board may approve counseling expenses filed more than one year after the counseling has begun. Since nothing in these proposed rule changes will create any adverse impacts on any small businesses or local governments in the state, no further steps were needed to ascertain these facts and one were taken. As apparent from the nature and purpose of these proposed rule changes, a full Regulatory Flexibility Analysis is not required and therefore one has not been prepared.

Rural Area Flexibility Analysis

The New York State Crime Victims Board (the Board) projects there will be no adverse impact on rural areas or reporting, recordkeeping or other compliance requirements on public or private entities in rural areas in the State of New York as a result of these proposed rule changes. These proposed rules changes simply outline the process by which the Board may approve counseling expenses filed more than one year after the counseling has begun. Since nothing in these proposed rule changes will create any adverse impacts on any public or private entities in rural areas in the state, no further steps were needed to ascertain these facts and none were taken. As apparent from the nature and purpose of these proposed rule changes, a full Rural Area Flexibility Analysis is not required and therefore one has not been prepared.

Job Impact Statement

The New York State Crime Victims Board (the Board) projects there will be no adverse impact on jobs or employment opportunities in the State of New York as a result of these proposed rule changes. These proposed rules changes simply provide a definition of medical services or medical expenses for claimants or potential claimants of the Board. Since nothing in these proposed rule changes will create any adverse impacts on jobs or employment opportunities in the state, no further steps were needed to ascertain these facts and none were taken. As apparent from the nature and purpose of these proposed rule changes, a full Job Impact Statement is not required and therefore one has not been prepared.